Owens v Owens - a move in Divorce?

Mr and Mrs Owens married in 1978 and separated in 2015. Mrs Owens wanted a divorce. Upon separating, Mrs Owens submitted a petition for divorce on the basis that the marriage had irretrievably broken down as a result of Mr Owen’s ‘unreasonable behaviour’.

Mrs Owens claimed that she could no longer be expected to live with Mr Owens within the meaning of section 1(2)(b) Matrimonial Causes Act 1973 and made 27 allegations of behaviour including that he was ‘insensitive in his manner and tone’ and that she was ‘constantly mistrusted’.

In a Family Court ruling last year the Court refused to grant a divorce on the basis of the allegations made by Mrs Owens. The Judge (Judge Robin Toulson QC) was of the view that the allegations were ‘minor altercations of the kind to be expected in marriage’.

Following the ruling, Mrs Owens appealed to the Supreme Court on 17^th May this year. A decision is awaited.

Here at Emery Johnson Astills we have specialist solicitors who advise people throughout divorce proceedings as it is often the case that parties cannot agree on allegations of behaviour. Is it time for the Government to introduce no-fault divorce? This would mean that when one party petitions for divorce they do not have to prove any fault on behalf of their husband/wife. The Government has dragged their heels on this issue for a long time, it must be that the case of Owens v Owens sparks a fundamental need to change our divorce law.

Emery Johnson Astills are experts in family law and if you need advice in relation to divorce please do not hesitate to contact our specialist solicitors who are here to support you and advise you through this emotional time.

To speak to a family solicitor at Emery Johnson Astills, please call us on 0116 255 4855.